Pa. same-sex marriage breakthrough only a start (Editorial)

It was only a matter of time before Pennsylvania managed to shed its dubious distinction as the only northeastern state to persist in prohibiting same-sex marriage by law.

Ever since the U.S. Supreme Court struck down the federal Defense of Marriage Act in June of last year, more than a dozen federal judges have ruled against state statutes aimed at denying gay people this one particular equality under the law.

The latest weighed in on Tuesday, when a federal judge appointed by George W. Bush declared Pennsylvania's 1996 ban on same-sex marriage unconstitutional. The ruling resulted from a lawsuit the ACLU filed on behalf of 23 plaintiffs not long after the Supreme Court struck down the federal DOMA.

In his ruling, U.S. District Court Judge John Jones III had this say about the same-sex marriage bans that remain in effect (but widely challenged) in nearly two dozen other states: "We are a better people than what these laws represent. It is time to discard them into the ash heap of history."

Long past time, actually. It's a bit mind boggling that equal protection under the law has existed on the basis race, gender, religion and national origin for 50 years and yet decades passed before we, as a society, got around to thinking about civil rights in terms of sexual orientation and gender identity. They represent the last great bump in the civil rights road, and although we are finally getting around to smoothing it down, it should have happened a long time ago.

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We should feel good about the progress we've collectively made. But we should also remember that the struggle is far from over, on each of the national, statewide and local stages. The ability for same-sex couples to wed and enjoy and the personal, legal and financial benefits thereof represents a huge step forward, but uncertainties remain.

First, Gov. Tom Corbett might appeal the judge's ruling. He had made no immediate comment as of Tuesday afternoon. But if he's thinking about it we recommend he pass, and rest comfortably with the knowledge that a large majority of election-year voters support the idea of people being able to marry who they want. (The decision lies with Corbett because state Attorney General Kathleen Kane declined to defend the state against the ACLU lawsuit based on her belief in its unconstitutionality.)

Second, bear in mind that it remains legal in Pennsylvania to fire people from their jobs for being gay, according to Keystone Progress. On Tuesday the advocacy group cited its struggle to find support for legislation to amend the Pennsylvania Human Relations Act to prohibit discrimination in employment, housing and public accommodations on the basis of sexual preference and identity. So in at least one other statutory context, Pennsylvania continues to codify gays as secondhand citizens.

Third, local officials are a factor. Within hours of the judge's ruling, courthouse officials Dauphin and York counties had declared readiness to issue marriage licenses to same-sex couples. But in Franklin County, Clerk of Courts Bill Vandrew said he wanted to read the judge's ruling and consult his solicitor before deciding whether to issue same-sex marriage licenses. He's surely not the only one, though, and a federal judge's ruling is meaningless on a practical level if couples can't get those applications approved.

It takes a lot more than a judge's ruling to ensure legal and practical support for comprehensive civil rights on a statewide basis. And although we're glad for such a huge breakthrough, it's going to take positive action on other fronts before Pennsylvania can declare victory in civil rights struggle of our age.